The opinion in support of the decision being entered
today was not written for publication and is not binding
precedent of the Board.
Paper No. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte HUIBERT VAN DER STARRE
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Appeal No. 2004-1696
Application 09/988,181
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ON BRIEF
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Before WARREN, OWENS and JEFFREY T. SMITH, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner refusing to
allows claims 1 through 8 as amended subsequent to the final rejection, which claims are all of
the claims in the application. Claim 1 is illustrative of the claims on appeal:
1. Flowerpot the cross-sectional surface of which at the upper boundary comprises four
straight lines, each two opposing lines being essentially parallel, and the cross-sectional surface
of which at the base comprises a curve that encompasses at least 50% of the circumference at that
location, wherein the cross-section of said upper boundary comprises a non-square rectangle and
said curve comprises an ellipse, wherein the flowerpot includes a front width dimension which is
longer in width than the side width dimension.
The appealed claims, as represented by claim 1, are drawn to a flowerpot comprising at
least a non-square rectangle upper boundary or top, and a base comprising at least an ellipse.
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